DATE: November 15, 2022
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Kenneth Fields, Building Official
Ivette Torres, Administrative Assistant
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH URBAN GRAFFITI ENTERPRISES, INC., FOR GRAFFITI REMOVAL AND NUISANCE
ABATEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $50,000
ANNUALLY FOR A PERIOD OF THREE YEARS WITH THE OPTION TO
RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS
Recommendation: Approve
CEQA: Not A Project
SUMMARY
The City of Arcadia provides graff iti removal and nuisance abatement services through an agreement with a company specializing in these services. The City has been contracting with Urban Graffiti Enterprises, Inc. for the work since 2016. The most recent agreement with Urban Graffiti Enterprises, Inc. was for an initial term of three years with three one-year renewals. The latest Professional Services Agreement (“PSA”) will expire in December 2022.
A Request for Proposals (“RFP”) was prepared and distributed to six firms. In addition, a Notice Inviting Bids was published in Arcadia Weekly on September 29 and October 6; three proposals were received. Upon review, the firm selected to provide graffiti removal and nuisance abatement servi ces is Urban Graffiti Enterprises, Inc. It is recommended that the City Council approve, and authorize and direct the City Manager to execute, Professional Services Agreement with Urban Graffiti Enterprises, Inc. for graffiti removal and nuisance abatement services in an amount not to exceed $50,000 annually.
BACKGROUND
Prior to contracting for these services, graffiti removal on public property was completed by the Public Works Services Department, and the Code Services staff were responsible for contacting property owners to have graffiti removed from private property. These methods did not provide the desired level of effectiveness. It was not cost -effective to have Public Works Services vehicle s and crew on standby to respond to instances of Professional Services Agreement for Graffiti Removal and Nuisance Abatement Services
November 15, 2022
graffiti. When Code Services contacted private property owners to have graffiti removed, it typically took at least a week for the abatement. Utilizing a contractor specializing in this service was a more effective approach to graf fiti removal, so the City transitioned to contractor services in 2010.
DISCUSSION
A Request for Proposals was prepared and distributed to six qualified firms. In addition, a Notice Inviting Bids was listed on the City of Arcadia website and published in Arcadia Weekly newspaper on September 29 and October 6. Three firms responded to the RFP, and a committee made up of staf f from the Development Services and Public Works Services Departments was formed to review the proposals. The following criteria were used to determine which firm would best fulfill the City’s requirements:
• Understanding the scope of work as demonstrated by the firm’s proposal • Responsiveness and Responsibility
• Qualifications
• Quality of proposal
• Related experience
• References
• Cost
All three proposals were reviewed and evaluated by the committee. The costs were based on unit prices for various work items. In comparing the cost s associated with graffiti removal of an average 30 square foot sample area, the proposed costs are as follows:
Removal Method
Cost
Urban Graffiti
Enterprises, Inc.
Woods Maintenance
Services, Inc.
Superior Property
Services, Inc.
Sandblasting $38.25 $175.00 $125.00
Water Blasting $32.50 $150.00 $125.00
Water Blasting with
Baking Soda $38.75 $175.00 $125.00
Painting– “Matching
Paint” $30.00 $125.00 $85.00
Chemical/Solvents $28.00 $150.00 $85.00
Other (describe)
Sacrificial Coating $83.75 By Estimate Only Not Provided
As an option, Urban Graffiti Enterprises, Inc. and Superior Property Services, Inc. proposed a fixed monthly rate for graffiti removal. Urban Graffiti Enterprises, Inc. proposed a fixed monthly rate of $3,500 for a total of $42,000 annually , and Superior Property Services, Inc. proposed a fixed monthly rate of $14,000 for a total of $168,000 annually. Woods Maintenance Services, Inc. elected not to provide an optional fixed monthly rate. However, based on the current workload, it is estimated that Woods Professional Services Agreement for Graffiti Removal and Nuisance Abatement Services
November 15, 2022
Maintenance Services proposal would cost the City approximately $7,500 monthly for a total of $90,000 annually. The lower cost of Urban Graffiti’s proposal is likely due to their familiarity with the City and a more realistic expectation of the amount of work anticipated on a monthly basis.
The other component of this agreement is nuisance abatement. Nuisance abatement is typically the last resort in enforcing violations and code infractions, and is employed after multiple notices and citations, except in cases of health and safety matters. If Code Services must have a nuisance abated by a contractor or City crews, the property owner is billed for the services. If the costs are not reimbursed, a lien is processed to place the costs on the property’s tax roll. In recent years, the incidence of projects that need to be abated has risen. This may be due to the increase in absentee owners and/or vacant or underutilized properties throughout the City. As a result, it is important to have a qualified and accessible option to abate a situation quickly and professionally.
Based on the responses to the RFP, Urban Graffiti Enterprises, Inc. and Superior Property Services, Inc. provided bids for Nuisance Abatement Services. However, Woods Maintenance Services, Inc. elected not to bid on Nuisance Abatement Services. T he proposed costs for nuisance abatement are as follows:
Nuisance Abatement
Services
Cost
Urban Graffiti Enterprises, Inc. Superior Property Services, Inc.
Patrol and Pick-up of
Illegally Discarded
Bulky Items
$225/day $125/hour
Weed Abatement $75/hour $85/hour
Debris
Removal/Cleanup $95/hour $125/hour
Installation of 6’ Chain
Link Fencing (Rental)
Depends on # of panels and time
needed N/A
Securing of Unsecured
Buildings (Board-ups)
Depends on # and size of
openings that need securing $125/hour
Pumping/ Removal of
Standing Water (e.g.,
green swimming
pools)
Depends on amount of water and
solids that need to be collected
and disposed of
$125/hour
Based on the responses, the selection committee unanimously ranked Urban Graffiti Enterprises, Inc. the highest. They meet all of the required criteria and are also the lowest in terms of cost. They are highly qualified and have provided high- quality services to the City in a timely manner for the last six years. Additionally, since they are the City’s current contractor, there would be transition period or service interruptions.
Although the workload typically varies from month to month, the cost of an average monthly workload based on the proposed rates from Urban Graffiti Enterprises, Inc. was Professional Services Agreement for Graffiti Removal and Nuisance Abatement Services
November 15, 2022
estimated to be comparable to the fixed month ly rate. Therefore, it is recommended to pursue the fixed rate removal services for an annual cost of $42,000.
ENVIRONMENTAL IMPACT
The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty it will have no impac t on the environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
Graffiti removal is a General Fund expense, and the proposed Professional Services Agreement provides for compensation of $42,000 per year at a fixed monthly amount of $3,500. Based on the previous agreement and anticipated cost increase, a total of $38,000 was budgeted for Fiscal Year 2022-23. This amount will cover the increased cost of graffiti removal services for the remainder of the F iscal Year based on the terms and conditions outlined in the PSA.
Nuisance abatement is also a General Fund expense. However, the City would be reimbursed for the cost of abating a nuisance at a particular property by t he property owner. This reimbursement generally includes the administrative costs for the abatement work. If the costs are not reimbursed, a lien is processed to have the costs placed on the property’s tax roll. Therefore, an additional $8,000 is added to the contract to cover the potential annual nuisance abatement. The two services together make up an anticipated total budget of $50,000.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City Manager to execute a Professional Services Agreement with Urban Graffiti Enterprises, Inc. for graffiti removal and nuisance abatement services in an amount not to exceed $50,000 annually for a period of three years with the option to renew for three additional one-year periods.
Attachment: Proposed Professional Services Agreement
1 Updated Feb. 2020
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
GRAFFITI REMOVAL AND NUISANCE ABATEMENT SERVICES
This Agreement is made and entered into as of ________________, 2022 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Urban Graffiti Enterprises, Inc., a California Corporation with its principal place of business at 1280 Mountain View Circle, Azusa, California 91702 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Graffiti Removal and Nuisance Abatement Services (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.”
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of fifty thousand dollars and zero cents ($ 50,000) annually without written approval of the City Manager . This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
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If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from December 19 , 2022 through December 18, 2025, with an option of three one-year time extensions based on satisfactory performance, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
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Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
4 Updated Feb. 2020
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability 5 Updated Feb. 2020
for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
6 Updated Feb. 2020
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
7 Updated Feb. 2020
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify 8 Updated Feb. 2020
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from 9 Updated Feb. 2020
any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
17. Documents.
Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
18. Organization
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Consultant shall assign Siannah Sandoval as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Jason Kruckeberg
Development Services Department
CONSULTANT:
Urban Graffiti Enterprises, Inc.
1280 Mountain View Circle
Azuza, CA 91702
Attn: Maria Gutierrez
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
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The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
12 Updated Feb. 2020
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND URBAN GRAFFITI ENTERPRISES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ARCADIA URBAN GRAFFITI ENTERPRISES, INC.
By: By:
Dominic Lazzaretto Signature
City Manager
Date: Its:
ATTEST: Printed Name
By: Date:
City Clerk
APPROVED AS TO FORM By:
Signature
By: Its:
Stephen P. Deitsch
City Attorney
Printed Name
13 Updated Feb. 2020
EXHIBIT A
Scope of Services
Graffiti Removal Service
Consultant shall furnish at its own expense, all labor, equipment, and materials necessary for the satisfactory performance of graffiti removal as set forth herein. Consultant shall commence work within 36 hours from the time the Consultant is notified.
Consultant shall inspect all referrals to determine the method to be used for the graffiti removal. Methods of removals may include sandblasting or other pressurized removal systems, matching existing painted surfaces or other eradication procedures as approved by the City.
Consultant shall determine the most effective method(s) for removal of the graffiti at each location. The method(s) of removal will vary depending upon the type of graffiti and condition of the surface.
Consultant must use care to avoid damages to existing improvements. Existing improvements damaged by Consultant shall be repaired at Consultant’s sole expense to the satisfaction of the City.
Nuisance Abatement Service
Consultant shall provide all equipment, supplies, and personnel needed to conduct weed abatement, landscape maintenance, on-site and off-site debris removal/cleanup, installation of construction fencing, securing of unsecured buildings, and pumping/removal of standing water (e.g., green swimming pools) in a timely and efficient manner in accordance with all appropriate state and federal regulations governing such work.
Consultant shall arrange for all waste disposal and recycling in accordance with all applicable State and federal regulations. Consultant shall prepare manifests, inventories, receipts, and other relevant documentation, including cubic yards or tonnage of solid waste removed from each site, and number of tires, appliances, and other debris. 14 Updated Feb. 2020
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and- materials contract.
Consultant shall be paid for services rendered within thirty (30) days after receipt of invoice from the Consultant. The City will pay Consultant for services in accordance with this agreement.
Graffiti Removal Service
A fixed monthly amount of $3,500.
Nuisance Abatement Service
Type of Service Cost
Patrol and Pick-up of Illegally Discarded Bulky Items $225.00 per day Weed Abatement $75.00/labor hour
Debris Removal/Cleanup $95.00/ labor hour
Installation of 6’ Chain Link Fencing (Rental) Depends on # of panels and length of time needed Securing of Unsecured Buildings (Board-ups) Depends on # and size of openings that need securing
Pumping/ Removal of Standing Water (e.g., green
swimming pools)
Depends on amount of water and solids that need to
be collected and disposed of
Utility Box Art/Sacrificial Coating Surfaces
Type Minimum Cost over Minimum
Sacrificial Coating
$_80.00_
For __25__ sq. ft
$ ___0.75____ /sq. ft.
15 Updated Feb. 2020
EXHIBIT C
Activity Schedule
Graffiti Removal Service
All graffiti removal shall be performed by the Contractor in accordance with requests for services authorized by the Code Services Officer.
Contractor shall promptly respond to requests for service with work to be commenced within 36 hours from notice. Graffiti that is determined by the City or the Contractor to be obscene or contains vulgarity or profanity shall be removed within 24 hours of the request for services. Saturday and Sunday or Holidays shall not be counted in computing the 36 hour response period. Work shall not be permitted on Sunday or Holidays, unless otherwise authorized. Authorized working hours to be between 7:00 a.m. and 7:00 p.m.
Nuisance Abatement Service
Contractor shall submit to Code Services a maximum cost estimate within 48 hours after an on- site visit with the Code Services Officer. Once the Officer approves the estimate and authorizes the work, the Contractor will have one ( 1) week to complete the abatement.
Contractor must coordinate with the Officer all dates and times of operations. Once started, the abatement must be completed on consecutive days, excluding Sundays and/or Holidays, unless authorized by the Officer.
Contractor is not to go to the properties without the Code Services Officer, unless authorized to do so.